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Articles 6181 - 6210 of 10104
Full-Text Articles in Entire DC Network
Gender Discrimination Fuels Sex Selective Abortion: The Impact Of The Indian Supreme Court On The Implementation And Enforcement Of The Pndt Act, Kristi Lemoine, John Tanagho
Gender Discrimination Fuels Sex Selective Abortion: The Impact Of The Indian Supreme Court On The Implementation And Enforcement Of The Pndt Act, Kristi Lemoine, John Tanagho
University of Miami International and Comparative Law Review
No abstract provided.
Forecasting The Impacts Of Climate Change On Coastal Ecosystems: How Do We Integrate Science And Policy, Brian Helmuth
Forecasting The Impacts Of Climate Change On Coastal Ecosystems: How Do We Integrate Science And Policy, Brian Helmuth
Southeastern Environmental Law Journal
No abstract provided.
The First Word, M. Elizabeth Magill
The First Word, M. Elizabeth Magill
William & Mary Bill of Rights Journal
No abstract provided.
To "Bring Down The Flowers": The Cultural Context Of Abortion Law In Early Modern England, Carla Spivack
To "Bring Down The Flowers": The Cultural Context Of Abortion Law In Early Modern England, Carla Spivack
William & Mary Journal of Race, Gender, and Social Justice
This article takes issue with claims made by Joseph Dellapenna in his 2006 book, Dispelling the Myths of Abortion History, which claims to correct the "distortions of the history" of abortion law underlying Roe v. Wade, 410 U.S. 113 (1973). Dellapenna argues that, contrary to Justice Blackmun's historic analysis in Roe, "abortion was considered a serious crime throughout most of European history" and that "courts did... punish abortions before quickening during the Middle Ages." This article shows that Dellapenna's argument relies on serious misreading of cases and ignorance of the relevant historical, medical, and cultural context, and that pre-quickening or …
Has India Addressed Its Farmers' Woes? A Story Of Plant Protection Issues, Srividhya Ragavan, Jamie Mayer O'Shields
Has India Addressed Its Farmers' Woes? A Story Of Plant Protection Issues, Srividhya Ragavan, Jamie Mayer O'Shields
Faculty Scholarship
The paper examines issues relating to establishing breeders rights in developing nations by taking India as an example. At the outset, the paper examines the international obligations relating to protecting plant breeder’s rights by examining the requirements under Article 27.3 of the TRIPS agreement. In doing so, the paper examines analyzes what amounts to an effective sui generis system as required under TRIPS.
Further, the paper analyzes the constituents of the models currently touted by developed nations and outlined under the Union for Plant Variety Protection (UPOV, 1991) to determine the model’s ability to fulfill the TRIPS requirement. In determining …
The Little Engine That Could: The Success Of The Stewardship Contracting Authority, Kimberly Hausbeck
The Little Engine That Could: The Success Of The Stewardship Contracting Authority, Kimberly Hausbeck
William & Mary Environmental Law and Policy Review
No abstract provided.
Child Well-Being: A Beneficial Advocacy Framework For Improving The Child Welfare System?, Sarah H. Ramsey
Child Well-Being: A Beneficial Advocacy Framework For Improving The Child Welfare System?, Sarah H. Ramsey
University of Michigan Journal of Law Reform
This Article explores the advantages and disadvantages of child well-being as a child welfare system advocacy framework. It examines the use of the concept of child well-being as a social indicator and the importance of poverty rates to the child welfare system. It also examines the use of child well-being as an outcome measure for the child welfare system, in particular in Child and Family Service Reviews ("CFSRs") and court evaluations. The possible impact of the child wellbeing concept is considered in the context of several programs, including income supports and problem-solving courts. The Article concludes that, overall, well-being provides …
Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette
Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette
University of Michigan Journal of Law Reform
The participants in the Thirtieth Anniversary Celebration of the Child Advocacy Law Clinic were all challenged to envision the future of child welfare and to address these questions: What should the law and legal institutions governing children's rights and child and family welfare look like in thirty more years? What steps are necessary to achieve those goals? After setting out the historical and optimistic circumstance in which the Child Advocacy Law Clinic was founded, this Article responds to the organizing questions by presenting the author's vision of the future of child welfare law and practice. When families fail children, what …
Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore
Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore
University of Michigan Journal of Law Reform
Once in a while, a case will come along that has such an enormous impact on the law that it is certain to draw attention. One such case was the Nathaniel Abraham murder case----a case involving the sentencing of a young eleven-year-old child in a system designed for older juvenile offenders, which demonstrated some of the novel and important issues facing the juvenile courts today. With the onset of such issues, the Juvenile Justice System has developed into a complex field of vital importance. Investing in the Juvenile Justice System allows us to invest in our future. Although frequently viewed …
Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg
Judging Genes: Implications Of The Second Generation Of Genetic Tests In The Courtroom, Diane E. Hoffmann, Karen H. Rothenberg
Faculty Scholarship
The use of DNA tests for identification has revolutionized court proceedings in criminal and paternity cases. Now, requests by litigants to admit or compel a second generation of genetic tests – tests to confirm or predict genetic diseases and conditions – threaten to affect judicial decision-making in many more contexts. Unlike DNA tests for identification, these second generation tests may provide highly personal health and behavioral information about individuals and their relatives and will pose new challenges for trial court judges. This article reports on an original empirical study of how judges analyze these requests and uses the study results …
Medical Judgment In Court And In Congress - Abortion, Refusing Treatment, And Drug Regulation, George J. Annas
Medical Judgment In Court And In Congress - Abortion, Refusing Treatment, And Drug Regulation, George J. Annas
Faculty Scholarship
Over the past four decades, the courts and Congress have consistently granted almost unqualified deference to physicians (and medical ethics), at least for treatment decisions made in the context of a consensual physician-patient relationship. The primary exception to this harmonious deference is the 2007 abortion decision of Gonzales v. Carhart, 127 S. Ct. 1610 (2007), and it is reasonable to review our continuing and seemingly intractable legal debate over abortion and the physician's role in it to determine if it could erode judicial and congressional deference to medical judgment in other areas of medical practice and medical ethics.
The Difficult Case Of Direct-To-Consumer Drug Advertising, David C. Vladeck
The Difficult Case Of Direct-To-Consumer Drug Advertising, David C. Vladeck
O'Neill Institute Papers
This article will appear in a symposium to pay tribute to Professor Steven H. Shiffrin, one of the leading First Amendment theorists of our time. The author was asked to focus on Professor Shiffrin’s contribution to the development of the commercial speech doctrine. To reflect on the wisdom of Professor Shiffrin’s refusal to rely on general First Amendment theories, the article focuses on the difficult First Amendment problem of regulating direct-to-consumer (DTC) advertising of prescription drugs. In his famous dissent in Virginia Pharmacy Board, then-Justice Rehnquist forecast that, as a consequence of the Court’s ruling, drug companies would soon advertise …
Medical Futility In Texas: Handling Reverse Right-To-Die Obstacles Without Constitutional Violation, John M. Zerwas Jr.
Medical Futility In Texas: Handling Reverse Right-To-Die Obstacles Without Constitutional Violation, John M. Zerwas Jr.
Tulsa Law Review
No abstract provided.
Life After The Establishment Clause, Steven G. Gey
Life After The Establishment Clause, Steven G. Gey
West Virginia Law Review
No abstract provided.
It Depends On What The Meaning Of False Is: Falsity And Misleadingness In Commercial Speech Doctrine, Rebecca Tushnet
It Depends On What The Meaning Of False Is: Falsity And Misleadingness In Commercial Speech Doctrine, Rebecca Tushnet
Loyola of Los Angeles Law Review
No abstract provided.
The Difficult Case Of Direct-To-Consumer Drug Advertising, David C. Vladeck
The Difficult Case Of Direct-To-Consumer Drug Advertising, David C. Vladeck
Loyola of Los Angeles Law Review
No abstract provided.
First Amendment Commercial Speech Protections: A Practitioner's Guide, Bruce E. H. Johnson
First Amendment Commercial Speech Protections: A Practitioner's Guide, Bruce E. H. Johnson
Loyola of Los Angeles Law Review
No abstract provided.
Community-Based Long-Term Care: Wisconsin Stays Ahead, Judith D. Moore, Carol O'Shaughnessy, Lisa Sprague
Community-Based Long-Term Care: Wisconsin Stays Ahead, Judith D. Moore, Carol O'Shaughnessy, Lisa Sprague
National Health Policy Forum
This report describes a site visit to Wisconsin in August 2007 that focused on the use of home and community-based services, both public and private, to delay or avoid the need for institutional care. Wisconsin was chosen because it has long been a leader among states in developing such services for the elderly and persons with disabilities. At the time of the visit, a managed long-term care program, Family Care, was operating on a pilot basis in five counties. The Partnership Program, a four-site demonstration integrating acute and long-term care for the dual eligible population (both frail elderly and younger …
Must Utah Imprison Its Parents And Children?: Alternatives To Utah's Compulsorty Attendance Laws, Gilbert Bradshaw
Must Utah Imprison Its Parents And Children?: Alternatives To Utah's Compulsorty Attendance Laws, Gilbert Bradshaw
Brigham Young University Journal of Public Law
No abstract provided.
Indigenizing Water Law In The 21st Century: Na Moku Aupuni O Ko’Olau Hui, A Native Hawaiian Case Study, Summer Sylva
Indigenizing Water Law In The 21st Century: Na Moku Aupuni O Ko’Olau Hui, A Native Hawaiian Case Study, Summer Sylva
Cornell Journal of Law and Public Policy
No abstract provided.
New York Medicaid: Never Can Say Goodbye, Joseph Fastiggi
New York Medicaid: Never Can Say Goodbye, Joseph Fastiggi
Cornell Journal of Law and Public Policy
No abstract provided.
Industries' Proprietary Information And The Freedom Of Access To State-Held Information: A Review Of The Law And Its Implications For Special Interest Businesses, Shannon E. Martin, Jessica Brophy
Industries' Proprietary Information And The Freedom Of Access To State-Held Information: A Review Of The Law And Its Implications For Special Interest Businesses, Shannon E. Martin, Jessica Brophy
South Carolina Law Review
No abstract provided.
Odious Debt, Odious Credit, Economic Development, And Democratization, Tom Ginsburg, Thomas S. Ulen
Odious Debt, Odious Credit, Economic Development, And Democratization, Tom Ginsburg, Thomas S. Ulen
Law and Contemporary Problems
When a country signs an international treaty, it is not the government but the state that is bound, and the obligation will stand until a subsequent government formally exits the treaty. Exit is presumed to be costly: a government that "repudiates" earlier treaty obligations will suffer reputational harm in its international relations. Moreover, this general background norm of international law applies as well to debt: a government can announce that it is renouncing debt, but it will suffer severe reputational harm in the debt marketplace, much as a government that repudiates public international law obligations suffers a reputational harm. Here, …
Peer Promotions And False Advertising Law, Ellen P. Goodman
Peer Promotions And False Advertising Law, Ellen P. Goodman
South Carolina Law Review
No abstract provided.
Amendment Xxviii? Defending Corporate Speech Rights, Bruce E.H. Johnson, Ambika K. Doran
Amendment Xxviii? Defending Corporate Speech Rights, Bruce E.H. Johnson, Ambika K. Doran
South Carolina Law Review
No abstract provided.
Unh Law Alumni Magazine, Summer 2007, University Of New Hampshire School Of Law
Unh Law Alumni Magazine, Summer 2007, University Of New Hampshire School Of Law
UNH Law Alumni Magazine
No abstract provided.
Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier
Sharing Access To Intellectual Property Through Private Ordering, Severine Dusollier
Chicago-Kent Law Review
Private ordering mechanisms, such as contracts or technological measures, have increasingly been used to shift the balance between exclusive property and free access to intellectual creation embedded in all IP regimes. Most surprising is the use of private ordering mechanisms, mainly licensing schemes. This article aims at assessing the nature of norm-making operated by open-access initiatives, as well as its normative sustainability as a project to enlarge the public domain within intellectual property. My conclusion is that public ordering still has a crucial role to play to moderate the expansion of intellectual property and to ensure that intellectual creations remain …
A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho
A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho
Chicago-Kent Law Review
Can patent rights and public health coexist? This is a pressing global question in an era where the AIDS pandemic rages in countries that cannot afford to pay for the most effective—and patent-protected—AIDS treatment. Even in countries with higher levels of income, patent problems may nonetheless loom large in unanticipated situations that could turn deadly without access to patented drugs, such as the 2001 anthrax "crisis" or the potential avian flu epidemic. This article provides an important perspective on how international laws currently impact the intersection between patent rights and public health. This article begins with an explanation of patent …
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Chicago-Kent Law Review
In this paper, we examine the potential for plant variety protection ("PVP") regimes—that is, sui generis, industry-specific intellectual property regimes—to become compromised as a result of technological change. In particular, we analyze the shift in plant breeding from phenotypic selection to genotypic selection, and consider the impact of that shift on existing plant variety protection. We also lay out an alternative structure for plant intellectual property protection based on unfair competition, a model that differs radically in some respects from current PVP schemes. We offer our model as a starting point for debate on adaptations that might improve PVP …
Poverty Meaningful Educational Opportunity, And The Necessary Role Of The Courts, Michael A. Rebell
Poverty Meaningful Educational Opportunity, And The Necessary Role Of The Courts, Michael A. Rebell
North Carolina Law Review
No abstract provided.